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Terms
of Use
Please
read these Terms of Use carefully before using any of the Web sites operated
by New Line Cinema ("NL Sites"). By accessing or using the NL Sites, you
agree to be legally bound by these Terms of Use. If you do not wish to
be bound by these Terms of Use, please do not use the NL Sites.
Trademarks, Copyrights,
and Restrictions
The NL Sites are controlled and operated by New Line Cinema ("New
Line," "we," "us," or "our"). If you wish to contact us, you may contact
us. The NL Sites were created to be both useful and entertaining. All
materials on the NL Sites ("Online Materials"),
including, without limitation, names, logos, trademarks, service marks,
images, illustrations, audio clips, and video clips, are protected by
copyrights and other intellectual property rights owned and controlled
by New Line or by other parties that have licensed their material to
New Line. You may download and retain only a single copy of the Online
Materials, solely for your personal, non-commercial use. No Online Material
may be copied, reproduced, republished, modified, uploaded, posted,
transmitted, distributed in any way, or otherwise used for any purpose
without the prior written permission of their respective owners. You
may not add, delete, distort, or otherwise modify the contents on the
NL Sites. Any unauthorized attempts to modify any Online Material, to
defeat or circumvent our security features, or to utilize the NL Sites
for other than their intended purposes are prohibited. Please report
any material on any NL Site which you believe may infringe your copyright
by following our Copyright Notice and Takedown Procedure. Click
here
for our Copyright Notice and Takedown Procedure.
Linked Sites
We have provided links to related sites for your convenience ("Linked
Sites"). We do not review or endorse Linked Sites in any way whether or
not New Line is affiliated with the sponsors of a site. We are not responsible
for the content of Linked Sites or any off-site pages linked to the NL
Sites. You access such linked sites and off-site pages at your own risk.
It is up to you to take precautions to ensure that such linked sites that
you visit and the information you select on them are free of viruses,
worms, vermin, trojan horses, and other items of a destructive nature.
Visitors to any Linked Sites are urged and expected to abide by the Terms
of Use and Privacy Policies of that particular Linked Site.
Submissions to
NL Sites
You may only use NL Sites and their contents for lawful purposes and in
accordance with applicable law and you are prohibited from storing, distributing
or transmitting any unlawful material through NL Sites. You may not collect
or store personal information regarding other users. You recognize that
storing, distributing or transmitting unlawful material could expose you
to criminal and/or civil liability. You agree that if a third party claims
that material you have contributed to NL Sites is unlawful, you will bear
the burden of establishing that it is lawful. You understand and agree
that all materials publicly posted (other than by New Line) or privately
transmitted on or through NL Sites are the sole responsibility of the
sender, not New Line, and that you are responsible for all material you
upload, post or otherwise transmit to or through NL Sites.
Any notes, message/bulletin
board postings, ideas, suggestions, concepts, or other material submitted
to us will become the property of New Line and New Line shall be entitled
to use such material for any type of use forever, including in any media
whether now known or hereafter devised. You agree that any submission
you make to us is original with you and accurate. You agree that you will
not submit or otherwise publish through the NL Sites any content, or act
in any way, which in New Line's opinion:
(A) may constitute
libel, defamation, invasion of privacy, or is obscene, pornographic,
abusive, or threatening;
(B) may infringe any intellectual property or other right of any entity
or person;
(C) may violate any applicable law or advocates illegal activity;
(D) advertises or otherwise solicits funds or is a solicitation for
goods, services, advertisers or sponsors or otherwise engages in commercial
activity;
(E) disrupts the normal flow of dialogue or otherwise act in a way which
affects the ability of other people to engage in real time activities
via NL Sites;
(F) includes programs which may contain viruses, worms, trojan horses
or other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunication;
(G) includes MP3 format files;
(H) disobeys any policy or regulation established from time to time
regarding use of NL Sites or any networks connected to NL Sites; or
(I) contains links to other sites that contain the kind of content which
falls within the descriptions set out in (A) to (H) above.
We are not responsible
for any material posted on the bulletin boards or in the chat areas conducted
on the NL Sites. We will cooperate with any law enforcement authorities
and comply with any judicial order requesting or directing us to disclose
the identity of anyone posting materials in violation of any applicable
federal, state, or local laws. We reserve the right in our sole discretion
to remove or disable access to any material posted on or to our site,
including without limitation material posted by you to an NL Site message
board or chat room if we believe that material violates any of the above
policies or infringes any intellectual property rights. Furthermore, if
we believe in our sole discretion that you have violated any of the terms
of these Terms of Use, including specifically but without limitation by
posting or providing links to material which infringes intellectual property
rights, we reserve the right to terminate your access to the NL Sites.
Applicability of
Online Materials
Unless otherwise specified, the Online Materials are presented solely
for the purpose of Entertaining users of this site in the United States
and its territories, and for promoting programs, films, and other products.
The NL Sites are controlled and operated by New Line from its offices
within the States of California and New York. We make no representation
that the Online Materials are appropriate or available for use in other
locations outside the United States. Those who visit the NL Sites from
other locations do so on their own initiative and are responsible for
compliance with all applicable local laws. You specifically agree to comply
with all applicable laws, including without limitation those concerning
the transmission of technical data exported from the United States or
the country in which you reside.
DISCLAIMER OF WARRANTIES
AND LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE NL SITES, THE ONLINE MATERIALS,
AND ANY PRODUCTS OR SERVICES PURCHASED ON THE NL SITES IS AT YOUR SOLE
RISK. ALL ONLINE MATERIALS AND THE PRODUCTS AND SERVICES OFFERED ON THE
NL SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, NEW LINE DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER NEW LINE,
NOR ITS AFFILIATED AND SUBSIDIARY COMPANIES, NOR THEIR RESPECTIVE VENDORS,
AGENTS OR EMPLOYEES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION
AND DISTRIBUTION OF NEW LINE'S WEB SITES WARRANT THAT THIS SITE WILL BE
AVAILABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT NEW LINE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU MAY READ ON NEW LINE'S
WEB SITES IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. NEW
LINE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIAL IN NEW LINE'S WEB SITES OR LINKED
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NEW LINE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN NEW LINE SITES WILL
NOT INFRINGE THE RIGHTS OF OTHERS AND NEW LINE ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OF NEW LINE SITES. IF
APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE
IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE
FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE THAT NEW LINE, ITS AFFILIATED
AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES,
AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF
NEW LINE'S WEB SITE SHALL NOT BE LIABLE FOR: (A) ANY CLAIMS, LIABILITY,
OR DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR OTHER DAMAGES RESULTING FROM YOUR PURCHASE OF ANY PRODUCT
OR SERVICES ON THE NL SITES OR FROM YOUR USE OF ANY ONLINE MATERIALS;
(B) YOUR USE OR INABILITY TO USE OR ACCESS THE NL SITES; OR (C) DEFECTS,
DELAYS IN OPERATION, TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE
ON THE NL SITES OR THE INTERNET. IF APPLICABLE LAW DOES NOT ALLOW THE
EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY
TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED
BY APPLICABLE LAW. WE DO NOT ENDORSE ANY MATERIAL, INFORMATION OR OPINIONS
INCLUDED AND/OR EXPRESSED IN OR ON THE BULLETIN BOARDS, IN THE CHAT AREAS
OR OTHER FORUMS CONDUCTED ON THE NL SITES ("FORUMS") AND WE MAKE NO REPRESENTATIONS
OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. WE DO
NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS
NOT THE RESPONSIBILITY OF NEW LINE. NEW LINE MAY REMOVE OR MODIFY ANY
CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION.
ANY USE OF ANY NL SITE OR THE FORUMS WILL BE AT YOUR OWN RISK AND WILL
BE SUBJECT TO THE DISCLAIMERS AND LIMITATION ON LIABILITY SET OUT ABOVE.
Indemnification
You will indemnify and hold harmless New Line, its parent, affiliated
and subsidiary entities, and the successors, licensees, assigns, officers
and directors of each from and against any and all claims, losses and
damages (including reasonable attorney's fees) constituting and arising
out of a breach of any of the provisions of these Terms of Use, including
without limitation from your placement or transmission of any content
onto New Line's servers, and/or from any and all use of any NL Sites.
Governing Law
These Terms of Use shall be governed by and construed in accordance with
the laws of the State of California without regard to its provisions regarding
conflicts of law. You agree to submit to the exclusive jurisdiction of
the federal, state, and local courts located within the State of California.
If any provision of these Terms of Use is unlawful, void, or unenforceable,
it will not affect the validity and enforceability of any other provision.
These Terms of Use set forth the entire agreement regarding all of the
matters discussed herein. Because these Terms of Use are subject to change
and you will be legally bound by such changes, you should periodically
visit this section to review the current Terms of Use. We reserve the
right to terminate this agreement at any time without notice for any reason.
These Terms of Use were last updated on July 9, 2001.
™ & © MMVII New Line Productions, Inc. All rights reserved.
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